PACHAIAMMAL (DECEASED) AND ANR. Vs. SRI SARANGAPANISWAMI DEVASTHANAM KUMBAKONAM, REPRESENTED BY ITS EXECUTIVE OFFICER AND ANR.

JUDGEMENT

(1.) THE only point that falls for determination in this Second appeal is whether the endowment made under Ex.A -1 is a Hindu Charitable Endowment within the meaning of Section 3 of Act XXII of 1959.

(2.) THE plaintiff in O.S.No. 14 of 1974 Sub Court, Kumbakonam, came forward with the said suit for setting aside the order of the Deputy Commissioner, H.R. and C.E. Department dated 23.5.1967 in O.A. No. 9 of 1964 and for consequential relief of injunction restraining the defendants viz., Sri Sarangapaniswami Devas -thanam and Commissioner H.R. and C.E. Department, from interfering with the rights of the plaintiff in respect of the property referred to in Ex.A -1. On the ground that the endowment is a Hindu Charitable Endowment, the Deputy Commissioner, H.R. and C.E. framed a scheme at the instance of the 1st respondent herein in O.A. No. 9 of 1964. It is unnecessary to refer to the particulars therefore for the disposal of this second appeal. On the strength of the scheme so framed, an application was filed before the Magistrate concerned for issuing a certificate for taking delivery of the properties in the possession of the plaintiff. The plaintiff rested his claim on two grounds, (i) under the will of Vembu Naicker dated 17.10.1958 the plaintiff was appointed as the hereditary trustee and therefore he is entitled to be in management of the properties and (ii) a reference to the charities mentioned in Ex.A -1 would show that there is no Hindu Charitable Endowment by the maker.

(3.) THE trial Court found that the will propounded by the Plaintiff and said to have been executed by Vembu Naicker on 17.10.1958 is not true and was not executed in a sound and disposing state of mind. It also held that the plaintiff has no locus standi to maintain the suit and that in any event, the suit as framed is not maintainable. Consequently, the suit was dismissed.